92 Decision Citation: BVA 92-10114
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-55 871 ) DATE
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THE ISSUES
1. Entitlement to an increased rating for dorsal and lumbar
paravertebral myositis, currently evaluated 20 percent
disabling.
2. Entitlement to an increased (compensable) rating for
right shoulder peritendinitis.
3. Entitlement to a total disability rating on the basis of
individual unemployability.
REPRESENTATION
Appellant represented by: Public Advocate for Veterans
Affairs, Puerto Rico
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
William R. Harryman, Jr., Associate Counsel
INTRODUCTION
This case came before the Board of Veterans' Appeals on
appeal from rating decisions of the San Juan, Puerto Rico,
Regional Office (hereinafter RO). The veteran had honorable
active service from July 1984 to May 1987. A rating
decision in February 1990 denied the veteran entitlement to
an increased rating for her back disability and to a total
disability rating based on individual unemployability. A
rating decision in September 1990 denied her entitlement to
increased ratings for her back and right shoulder
disabilities. A notice of disagreement was received from
the veteran in February 1991, and the RO issued a statement
of the case the following month. The veteran's substantive
appeal was received in March 1991. Another rating decision
in August 1991 again denied entitlement to a total
disability rating. At the veteran's request, a personal
hearing was held before a hearing officer in August 1991.
The RO issued a supplemental statement of the case in
October 1991.
The veteran has been represented throughout her appeal by
the Puerto Rico Public Advocate for Veterans Affairs, which
assisted her in providing testimony at her personal
hearing. The appeal was received and docketed at the Board
in February 1992, and is now ready for appellate review.
The Board also notes that service connection for a neck and
left upper arm disability was granted in the August 1991
rating decision and that, during her personal hearing, the
veteran provided further testimony regarding the severity of
that disability. To the extent that she may be appealing
the adequacy of the assigned evaluation for that disability,
that issue has not been procedurally developed for appellate
review and so is not properly before the Board at this
time. That issue, then, is referred to the RO for
appropriate consideration.
REMAND
Upon review of the claims folder, the Board notes that the
veteran has submitted as evidence of her total disability a
letter from the Department of Veterans Affairs (VA)
Insurance Center dated in October 1991 stating that she had
been considered totally disabled for insurance purposes. It
is unclear to us what medical information was used to make
that determination, or whether that information has been
associated with the claims folder. We believe that such
information should be obtained prior to our making a final
appellate determination in this case.
Additionally, the veteran has submitted some documents which
were written in Spanish. Those documents should be
translated into English so they may be given full
consideration by the Board.
Therefore, this case is REMANDED for the following actions:
1. The RO should obtain the veteran's
VA insurance folder to determine the
medical basis for the VA Insurance
Center's finding that she was totally
disabled. Copies of all indicated
medical records not already of record
should be obtained.
2. The RO should obtain a certified
English translation of the statement
by a VA physician dated in February
1991 and of the statement by the
veteran dated August 9, 1991.
3. Upon completion of the requested
development, the RO should again
consider the veteran's claims to
determine whether they might be
allowed. If action taken remains
adverse to the veteran, she and her
accredited representative should be
furnished a supplemental statement of
the case and given an opportunity to
respond thereto. The case should then
be returned to the Board according to
the usual appellate procedures.
By this action, the Board intimates no opinion, either legal
or factual, as to ultimate disposition of the issues on
appeal. No action on the part of the veteran is required
unless she receives further notice. The purpose of this
remand is to clarify the record and to obtain additional
medical information. Appellate action on all the issues
listed above is deferred pending completion of the requested
development.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
NANCY R. ROBIN B. KANNEE
ALBERT D. TUTERA
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.